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federalsimba  
#1 Posted : Wednesday, March 25, 2020 1:25:41 PM(UTC)
federalsimba

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The job announcement stated "Appointment type: Temporary - NTE 2 Years." Thereafter, I given a final offer that I accepted, which stated "Type of Appointment: Competitive Service; Term/Temp Appointment NTE [Date > 1 year]." After months of working here, I received an email noting that I was erroneously placed as a Term appointment and erroneously enrolled in TSP, FERS and FEGLI.

5 C.F.R. § 316.301 defines a term appointment as an “appointment for a period of more than 1 year but not more than 4 years to positions where the need for an employee's services is not permanent.” Whereas, 5 C.F.R. § 316.401 defines temporary appointment as an "appointment for a specified period not to exceed 1 year. The appointment may be extended up to a maximum of 1 additional year (24 months of total service)."

Given that the original job announcement and the final job offer both stated NTE dates greater than 1 year, do I have a viable case to say that the appointment was a term appointment?

djp  
#2 Posted : Wednesday, March 25, 2020 3:18:30 PM(UTC)

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You may because offer letter stated that. The original announcement didn’t say it so they could claim an illegal appointment and terminate you then have a new announcement. If they like you and want yo keep you thry could redo it as a term and tailor it to make you the best candidate.

Temp jobs don’t get benefits and you don’t earn any service time.
federalsimba  
#3 Posted : Wednesday, March 25, 2020 3:24:41 PM(UTC)
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Originally Posted by: djp Go to Quoted Post
You may because offer letter stated that. The original announcement didn’t say it so they could claim an illegal appointment and terminate you then have a new announcement. If they like you and want yo keep you thry could redo it as a term and tailor it to make you the best candidate.

Temp jobs don’t get benefits and you don’t earn any service time.


Thank you for the response. The original job announcement said "Temporary NTE 2 years" wouldn't the fact that it stated "NTE 2 years" rather than "NTE 1 year" that in effect make it a term position even within the job announcement? If management want's to keep me (which I am confident that they do), would they have room to argue that to HR that given the announcement plus the offer letter that it is a term appointment?
djp  
#4 Posted : Wednesday, March 25, 2020 3:29:01 PM(UTC)

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Originally Posted by: federalsimba Go to Quoted Post
Originally Posted by: djp Go to Quoted Post
You may because offer letter stated that. The original announcement didn’t say it so they could claim an illegal appointment and terminate you then have a new announcement. If they like you and want yo keep you thry could redo it as a term and tailor it to make you the best candidate.

Temp jobs don’t get benefits and you don’t earn any service time.


Thank you for the response. The original job announcement said "Temporary NTE 2 years" wouldn't the fact that it stated "NTE 2 years" rather than "NTE 1 year" that in effect make it a term position even within the job announcement? If management want's to keep me (which I am confident that they do), would they have room to argue that to HR that given the announcement plus the offer letter that it is a term appointment?


Usually temps are just for 1 yet while term may be 1 yr renewable to day 2yr or 4 yrs. thry can claim it’s an error in announcement and pull the job.



federalsimba  
#5 Posted : Wednesday, March 25, 2020 3:41:55 PM(UTC)
federalsimba

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Originally Posted by: djp Go to Quoted Post
Originally Posted by: federalsimba Go to Quoted Post
Originally Posted by: djp Go to Quoted Post
You may because offer letter stated that. The original announcement didn’t say it so they could claim an illegal appointment and terminate you then have a new announcement. If they like you and want yo keep you thry could redo it as a term and tailor it to make you the best candidate.

Temp jobs don’t get benefits and you don’t earn any service time.


Thank you for the response. The original job announcement said "Temporary NTE 2 years" wouldn't the fact that it stated "NTE 2 years" rather than "NTE 1 year" that in effect make it a term position even within the job announcement? If management want's to keep me (which I am confident that they do), would they have room to argue that to HR that given the announcement plus the offer letter that it is a term appointment?


Usually temps are just for 1 yet while term may be 1 yr renewable to day 2yr or 4 yrs. thry can claim it’s an error in announcement and pull the job.



Okay, so push come to shove, they have the upper hand in that they can just fire me if I invoke my claim.

However, from what I have seen, there has been multiple appointments to the same positions in my office and the other ones were correctly noted "term NTE 2 year" in the announcement. Given that they probably received the same approval for all these positions, could management (if they wanted to) ask HR designate me as a term employee as well given that my announcement also stated NTE 2 years?

Edited by user Wednesday, March 25, 2020 3:43:02 PM(UTC)  | Reason: Not specified

Citrine  
#6 Posted : Wednesday, March 25, 2020 5:23:19 PM(UTC)
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I would hurry and apply for other usajobs. don't wait for the axe.
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